Decree No. 71/2008/ND-CP amends and supplements certain articles of Decree No. 19/2005/ND-CP dated February 28, 2005, of the Government on conditions and procedures for establishing and operating job introduction organizations.

DECREE

Amending and supplementing some articles of Decree No. 19/2005/NĐ-CP dated February 28, 2005 of the Government on conditions and procedures for establishment and operation of employment service organizations and the activities of the job introduction organization

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Labor Code on June 23, 1994; Law amending and supplementing certain articles of the Labor Code on April 2, 2002;

Considering the proposal of the Minister of Labor, Invalids, and Social Affairs,

DECREE

Article 1. Amending and supplementing some articles of Decree No. 19/2005/NĐ-CP dated February 28, 2005 of the Government on conditions and procedures for establishment and operation of employment service organizations as follows:

a) Amending and supplementing Point c Clause 2 as follows:

"Article 4. Employment service business (hereinafter referred to as Business) is a business established and operated in accordance with the Enterprise Law 2005 and related legal documents. Businesses legally established before the effective date of the Enterprise Law 2005 shall operate employment services in accordance with this Decree until June 1, 2010."

2. Amend and supplement Clause 2 and Clause 3 of Article 8 as follows:

"2. Supporting organizations of the Director:

The Center may have up to two Deputy Directors to assist the Director and has specialized departments and service departments to perform tasks as prescribed in this Decree. Based on the workload, nature, and specific characteristics of activities, the Director of the Center decides on the number and names of specialized departments and service departments that are appropriate to the assigned functions and tasks but not exceeding four specialized departments and two service departments. Each department has a Head and up to two Deputy Heads; the appointment and removal of Heads and Deputy Heads are carried out according to the management hierarchy of cadres.

For Centers operating in provinces and cities with large population and workforce, Centers with special characteristics, the number of Deputy Directors and the number of departments may be more than the above provisions and shall be decided by the competent authority establishing the Center.

3. Staffing of the Center:

Based on the workload, nature, and specific characteristics of the Center's activities, the competent authority deciding to establish the Center shall determine the staffing of the Center and provide regular operational funding for activities without revenue or to make up for any shortfall.

Recruitment, use, and management of cadres and civil servants of the Center shall be implemented in accordance with the Labor Code 1994 amended and supplemented in 2002 and 2006, Decree No. 116/2003/NĐ-CP dated October 10, 2003 of the Government on recruitment, use, and management of cadres and civil servants in state-owned public institutions, and Decree No. 121/2006/NĐ-CP dated October 23, 2006 of the Government amending and supplementing Decree No. 116/2003/NĐ-CP dated October 10, 2003; the Director of the Center shall implement labor contracts in accordance with the Labor Code based on the staffing framework issued by the competent authority, work requirements, and financial capacity of the Center.

Those who sign labor contracts must meet the standards, structure of job titles, and expertise as stipulated by the Ministry of Labor - Invalids and Social Affairs and be paid wages according to the provisions of the Labor Code or the salary scale for professionals and technical staff in state agencies as stipulated in Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on wage systems for civil servants, officials, and armed forces personnel.

Wage, remuneration, social insurance, health insurance, training, and upgrading professional qualifications shall be implemented in accordance with current regulations."

3. Amend and supplement Clause 6 of Article 9 as follows:

"6. Be granted autonomy in finance according to the current regulations on financial systems for self-financing public institutions and be exempted or reduced from taxes in accordance with current tax laws;"

4. Amend and supplement Clause 7 of Article 10 as follows:

"7. Monitor the employment status of workers introduced or supplied by the Center within one year (for cases where indefinite-term or fixed-term contracts lasting from twelve to thirty-six months are executed) or during the execution of the labor contract (for cases where seasonal or short-term contracts under twelve months are executed). Workers introduced by the Center for employment should notify the Center if they lose their jobs so that the Center can facilitate them in finding new employment."

5. Amend and supplement Article 11 as follows:

"Article 11. The Employment Service Operation Permit (hereinafter referred to as the Permit) shall be issued by the Department of Labor - Invalids and Social Affairs to enterprises established in accordance with the Enterprise Law 2005.

The model of the Permit shall be prescribed by the Ministry of Labor - Invalids and Social Affairs."

6. Amend and supplement Article 16 as follows:

"Article 16. Suspension of the right to use the Employment Service Operation Permit for a limited period and indefinitely:

1. An enterprise violating any of the following provisions will have its right to use the Employment Service Operation Permit suspended for three months:

a) Violating the business scope stated in the Permit or failing to meet the conditions stipulated in Article 12 of this Decree;

b) Engaging in fraudulent or deceptive acts against workers, enterprises, or other organizations as determined by competent state authorities;

c) Failing to fulfill the obligations of the enterprise as prescribed by law;

d) Failing to report as required to the local labor management agency continuously for at least one calendar year;

đ) Being administratively punished for violating labor laws three times in a year or having one violation punished three times;

e) Not operating within six months from the date of issuance of the Permit;

g) Ceasing operations.

2. The Department of Labor - Invalids and Social Affairs shall be responsible for implementing the suspension of the right to use the Employment Service Operation Permit for a limited period for enterprises violating the aforementioned provisions."

3. An enterprise that has its right to use the Employment Introduction License revoked for the second time with a term will have its right to use the Employment Introduction License revoked indefinitely.

7. Amend and supplement Clause 7 of Article 19 as follows:

"7. Monitor the employment status of workers introduced or supplied by the enterprise for a period of one year (in cases where indefinite-term labor contracts or fixed-term labor contracts from twelve to thirty-six months are implemented) or during the implementation of the labor contract (in cases where seasonal or specific task labor contracts with a duration of less than twelve months are implemented). Workers introduced by the enterprise who lose their jobs must notify the enterprise so that the enterprise can create favorable conditions for these workers to use the enterprise's services to find new jobs."

8. Supplement Article 19a as follows:

"Article 19a. Employment introduction activities at Branches of enterprises (hereinafter referred to as Branches):

1. Branches established legally in accordance with the Enterprise Law and guaranteed all conditions stipulated in Clauses 1, 2, and 4 of Article 12 of this Decree shall be allowed to conduct employment introduction activities.

2. Branches conducting employment introduction activities within the province or centrally-run city where the enterprise has been granted the Employment Introduction License must submit a written notification from the enterprise to the Department of Labor, Invalids, and Social Affairs of the province or centrally-run city where the activity takes place, along with the Decision of the enterprise assigning tasks for employment introduction activities to the Branch. The notification must be submitted at least five working days before the Branch starts its employment introduction activities.

3. Branches conducting employment introduction activities outside the province or centrally-run city where the enterprise has been granted the Employment Introduction License must register with the Department of Labor, Invalids, and Social Affairs of the province or centrally-run city where the Branch operates. The procedures for registering employment introduction activities shall be carried out by the Branch head in accordance with the guidance of the Ministry of Labor, Invalids, and Social Affairs.

4. The duration of employment introduction activities conducted by Branches shall not exceed the validity period of the Employment Introduction License of the enterprise.

5. At the Branch office, the Decision of the enterprise assigning tasks for employment introduction activities to the Branch and a copy of the Employment Introduction License of the enterprise must be publicly displayed.

6. Branches must report periodically and urgently in accordance with Decree No. 19/2005/NĐ-CP dated February 28, 2005, and be subject to inspection and supervision by the Department of Labor, Invalids, and Social Affairs of the local area where the Branch operates."

9. Amend and supplement Article 24 as follows:

"Article 24. Responsibilities of the Ministry of Finance

Shall take the lead and coordinate with the Ministry of Labor, Invalids, and Social Affairs to guide the management and use of fees for employment introduction."

Article 2. The Ministry of Labor, Invalids, and Social Affairs, relevant ministries, and sectors within their respective functions and duties shall be responsible for guiding the implementation of this Decree.

Article 3. This Decree shall take effect fifteen days after its publication in the Official Gazette. All previous regulations contrary to the provisions of this Decree are hereby abolished.

Article 4. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.